High Court of Zimbabwe Justice Mangota, yesterday stopped the Chitungwiza Municipality from releasing sewer into water bodies.
The order comes after the Zimbabwe Environment Law Association (ZELA) filed as an applicant for public interest against Chitungwiza Municipality to the High Court.
ZELA in an email says, “The order interdicts Chitungwiza Municipality from releasing sewer into water bodies, water courses, streams, tributaries, or any part of the environment.”
“Further, the Municipality was compelled to, within three months of the order, repair or otherwise upgrade its water treatment plants and sewer systems to ensure proper treatment of effluent before discharge into the environment and water bodies.”
Justice Mangota’s order also directed the Environmental Management Agency (EMA) to conduct compliance assessments within three months and submit a report to the Registrar of the High Court.
ZELA, which sought to stop the Municipality actions through the High Court says the case brings relief Chitungwiza residents through claiming their fundamental human rights which include the right to clean and potable water (Section 77 of the Constitution) and right to an environment that is not harmful to their health or well-being (Section 73 of the Constitution).
“The judgement creates a critical precedence in Zimbabwe on service delivery by local authorities,” the organisation says.
“The High Court has taken a progressive approach in granting structural interdicts which ensure the progressive realisation of citizenship rights through periodic inspections and compliance reports to the Court.”
“In this regard, the Environmental Management Agency has been ordered to, within three months of this order, conduct inspections to assess compliance with the Environmental Management Act, and having conducted such inspections, to immediately submit to the Registrar of the High Court, a report of such actions.”
ZELA also welcomed the High Court judgement.
“The organisation will stop at nothing in promoting the realisation of environmental, socio-economic and cultural rights,” ZELA says in an email.
